In Summary
  • The commission will also maintain the October 26 election date, according to the statement.
  • On October 10, Mr Odinga had written to the Independent Electoral and Boundaries Commission quitting the race.

  • Until one signs the prescribed form of withdrawal, according to the statement, all the eight will be deemed as candidates for the October 26 race.

The electoral commission will likely invite all eight candidates who took part in the August 8 presidential election to take part in the fresh poll.

It will also maintain the October 26 election date, according to a draft statement from the commission, leaked to the media last night.

Nasa candidate Raila Odinga, who had written to the Independent Electoral and Boundaries Commission quitting the race, has effectively been put back on the ballot.

He will now need to formally exit the race by filling Form 24A, a process Nasa considers unnecessary but that they might have to go through to remove him from the election.

Strangely, even though commissioners who spoke privately to the Daily Nation confirmed the authenticity of the statement, the formal issuance was postponed to today, in what appears to be either indecision or divisions within IEBC.

FRESH NOMINATIONS

The statement was circulated unsigned by chairman Wafula Chebukati but the decisions were arrived at after an eight-hour meeting at the Bomas of Kenya.

Mr Odinga dramatically withdrew his candidature on Tuesday and demanded another election 90 days after fresh nominations.

But a judgment by Justice John Mativo ruling that allowed Thirdway Alliance candidate Ekuru Aukot to be included in the fresh poll, left the door open for any of the other candidates, but with an option of opting out, if they so wished.

The High Court decision, the IEBC statement said, meant that even Mr Odinga was still a candidate until he withdraws again, not using a letter as he did on Wednesday, but by a prescribed form.

“It is the commission’s position that the candidates for the fresh presidential election scheduled for October 26, 2017 shall include all the eight candidates who participated in the 8th August presidential election,” the statement said.

WITHDRAWAL

Until one signs the prescribed form of withdrawal, according to the statement, all the eight will be deemed as candidates for the October 26 race.

 Ekuru Aukot

Thirdway Alliance presidential candidate Ekuru Aukot, lawyer Elias Mutuma and running mate Emmanuel Nzai celebrate after the High Court allowed him to take part in the October 26 election. PHOTO | KANYIRI WAHITO | NATION MEDIA GROUP

IEBC had knocked out all the other candidates, leaving President Uhuru Kenyatta and Mr Odinga as the sole candidates, saying it was relying on decisions of the Supreme Court in 2013.

Relying on a seemingly non-binding interpretation of the law in the same judgment, Mr Odinga had left the race and demanded that the election be run afresh, including new nominations.

Apparently, IEBC commissioners had problems immediately agreeing on a common position following Mr Odinga’s decision.

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